Charlestown Township
Board of Supervisors Business Meeting
Minutes of July 19, 2004

The second business meeting for July was held July 19, 2004, at the Great Valley Middle School, Room 154. Kevin R. Kuhn, Chairman, Mike Rodgers, Vice Chairman, Charlie Philips, Hugh Willig, Surender Kohli, P.E., Tom Oeste, Esq., Tom Comitta, Tom Corcoran, Court Reporter, Linda M. Csete, Township Administrator, Melanie M. Lammers, Recording Secretary, and those on the attached list were present.

The meeting was called to order at 7:32 P.M.


Mr. Kuhn announced that Executive Sessions were held on July 12, 2004 after the regularly scheduled business meeting, and on July 15, 2004 at the Township office, to discuss real estate and legal matters.

Mr. Kuhn announced that someone broke into the Rapp House on Yellow Springs Road and caused approximately $10-15,000 worth of damage. An investigation is underway. Mr. Kuhn asked that if anyone saw anything with regard to this break-in, please contact the State Police.

Citizen’s Forum/Non-Agenda Items

There were no Citizen’s Forum/Non-Agenda items discussed.


Minutes of July 12, 2004

Mr. Willig moved to table approval of the July 12, 2004 minutes until the Board members have time to review them, and Mr. Philips seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

New Business

PMYC Memorial Plaque – Harry Dawson

Ms. Suzanne O’Brien Riley, Chairperson of the Parks and Recreation Board, submitted a memo requesting that a plaque be affixed to the PMYC clubhouse in memory of Harry Dawson, who recently passed away. She said Harry was “a true leader and backbone of the organization.” The approximate size of the plaque would be 24x24 inches, and the verbiage would read similar to, “Harry Dawson – Field House & Snack Bar, Dedicated to Harry Dawson for his unselfish dedication and commitment to the youth of the area. September 12, 2004….”. PMYC would like to dedicate this plaque at a ceremony on opening day, September 12, 2004.

Mr. Rodgers moved to approve the request for a plaque in memory of Mr. Harry Dawson, and Mr. Willig seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.


Altemose Conditional Use – Continuing Care Retirement Facility

Mr. Kuhn announced that this hearing is a continuation of the Altemose Conditional Use hearing. Mr. Oeste confirmed that Mr. Joseph A. Ryan’s witnesses were Mr. Vincent Kling, architect and Charlestown Township resident, and Mr. Patrick Duffy, the Civil Engineer who designed the plans.

After Mr. Duffy’s testimony, the following exhibits were entered into evidence:

There were no objections in moving the above-mentioned exhibits into evidence, therefore, the applicant’s case rested.

Mr. Bender said he plans to have two witnesses to present at the next hearing, which was continued to August 16, 2004.

Lillmars – Conditional Use Application

Mr. Oeste said this hearing was originally convened on March 15, 2004. Mr. Tupitza, legal counsel for the applicant, indicated that, after attendance at the last Planning Commission meeting, and due to issues brought up in the Kohli and Associates, Inc. review letter, it was necessary for him to go back and make some changes. He said he would likely submit an amendment to the Conditional Use application due to additional requirements associated with construction in a high groundwater area. He said he would also address some of the issues outlined in the Township consultants’ review letters. Mr. Tupitza is rescheduled to present at the September 20, 2004 meeting.

Mr. Oeste confirmed the applicant is waiving the Township’s requirement to complete the applicant’s portion of the hearing within 100 days. Mr. Tupitza said he would send a letter to Mr. Oeste formally waiving this requirement.

Robal Associates – PRD, Sycamore Lane

The following exhibits were entered into the record:

A-1 – Plans for Sycamore Woods Condominiums for Robal Associates, Inc. prepared by Edward B. Walsh and Associates, Inc., Project 2876 dated 4/2/04, sheets 1-12.

A-2 – Original certified mail notice with return receipts showing that hearing notices were sent by the Applicant’s counsel to abutting homeowners.

A-3 – Mr. Comitta’s review memorandum dated June 3, 2004.

A-4 – Kohli and Associates, Inc. memorandum dated June 2, 2004.

A-5 – Report from McMahon Associates dated June 10, 2004.

Mr. Tupitza continued testimony with his witness, Adam Brower.

Exhibit A-6, a photo taken by Mr. Balbirnie of existing housing was presented.

Mr. Tupitza had no other testimony this evening, but said he would like to keep the record open to include testimony that may come as a result of Township consultant review letters and future meetings with the Planning Commission.

Mr. Brower was cross-examined by Mr. Bender and then excused. The hearing was continued to August 16, 2004.

Ordinance #123-04 - Amend Zoning Map

Mr. Oeste said this is a hearing that is legislative in nature. The amendment has the effect of changing the zoning classification of certain properties in or about Sycamore Lane from PRD-1 to FR.

Mr. Oeste listed the following exhibits:

B-1 – Copy of Resolution 627-04 of the Board of Supervisors of Charlestown Township adopted June 6, 2004 scheduling hearing on proposed zoning ordinance and map amendment.

B-2 – Copies of letters dated June 16, 2004 to all property owners within the area proposed to be rezoned.

B-3 – Copy of Act 247 Notice and proposed Ordinance hand delivered to Chester County Planning Commission on June 17, 2004.

B-4 – Copy of Memorandum of Linda Csete to Michael Allen, Chairman, and members of the Charlestown Township Planning Commission dated and hand delivered on June 17, 2004 enclosing draft Ordinance.

B-5 – Copy of letter dated June 23, 2004 of Linda Csete to Chester County Law Library enclosing attested copy of proposed Ordinance and Public Notice.

B-6 – Copy of letter of Linda Csete dated June 23, 2004 to Daily Local News enclosing Public Notice of and the full text of the proposed Ordinance and requesting publication.

B-7 – Proof of Publication from the Daily Local News.

B-8 – Letter of Chester County Planning Commission to Linda Csete dated July 16, 2004

B-9 – Memorandum of Linda Csete dated July 19, 2004 regarding Township Planning Commission review of proposed Ordinance.

B-10 – (not used)

B-11 – Copy of mailing labels

B12 – Listing of all property owners including names, parcels, phone numbers, and physical mailing addresses

B-13 – Verification of Posting of Mark Cabot.

Mr. Comitta summarized the discussions to date on this topic. Mr. Oeste asked for public comment, and Mr. Rich Huey of 17 Buckwalter Farm Lane said he is in favor of the rights of property owners and does not like that a government body can change those rights.

Mr. Oeste recommended to the Board that the hearing be closed. Mr. Philips moved to close the hearing, and Mr. Rodgers seconded. Mr. Kuhn called for discussion, and there being none, called the vote. All were in favor.

Mr. Oeste reconvened the public meeting and recommended Board adopt the zoning ordinance amendment if they so desire. Mr. Philips moved to adopt Ordinance #122-04, and Mr. Rodgers seconded. Mr. Kuhn called public comment, and there was none. He then called for discussion and, and there being none, called the vote. All were in favor.

A resident asked for an explanation of what just happened. Mr. Oeste explained that a property owner had challenged the original procedure used in enacting this ordinance in April at a prior hearing, and that this hearing was simply to err on the side of caution by re-enacting the Ordinance.

New Business (cont’d.)

Budget Review

Mr. Kuhn said the purpose of this Budget Review is for the Board to step back and see what has been spent, as well as what expenditures are on the horizon. He suggested this type of budget review take place at least semi-annually, if not quarterly.

Mrs. Csete gave an overview of the various budget categories. Following are some highlights:

Mr. Philips said he’s presently listed by his employer as paying the Earned Income Tax to East Whiteland and wondered how and when that changes. Mr. Oeste said it would not change, because that money is taken out by the municipality in which one works and then transferred to Charlestown.

Mr. Kuhn asked Mrs. Csete to remind residents to file their local income taxes this year and to remind them of the benefit of doing so; that now those monies will come back to Charlestown. Mr. Philips suggested this reminder also appear in the Township newsletter.

Mr. Kuhn asked Mrs. Csete if she has been happy with Centax’s customer support. She said she assumes it is fine since she is not getting complaints from the residents. Mr. Kuhn asked her to call Centax to get the breakdown of the taxes received so far.

Additional budget review highlights:

Mr. Philips questioned the printing category, which was high due to the printing of the newsletter, as well as the new zoning ordinance book.

The Township newsletter is currently separate from the Open Space newsletter. Mr. Kuhn suggested the two newsletters be combined in order to present a unified front. The other members agreed.

Mr. Csete said she transferred to the Open Space Improvement Fund all of the Earned Income Tax monies that are due that fund for this year, in order to cover costs for the Mill project.

Mrs. Csete said she believes the only additional cost to the Township with regards to the Solda Escrow account, is $40,000. Mr. Oeste indicated settlement for this property is scheduled for July 22, 2004 and Mr. Oeste’s office.

Mrs. Csete said she submitted the first grant reimbursement request. She said it for 50% of what was spent, and it is only that associated with the CRJ contracted portion.

Regarding the Mill, Mr. Kuhn asked about the total cost on page 10 of the budget review document. Mrs. Csete said the $207,217 represents what has been spent to date, not including any grant monies.

Mr. Philips asked what was learned from the Woolen Mill budgeting process, and Mr. Willig said the Board grossly underestimated the masonry work from the start. Mr. Kuhn added that they also did not factor in any of the Township costs. Mr. Kuhn does not, however, think the current project will cost any more than if it had been contracted out. He also feels the quality will be better, and the project will be completed sooner. Mr. Willig said it is now a monument to the Township rather than an eyesore.

Mr. Kuhn asked Mrs. Csete if she would still like to pursue obtaining a line of credit. After a short discussion, Mr. Oeste said he would talk to Mr. McErlane regarding it. Mr. Kuhn said it would be prudent to have, and suggested getting the maximum possible in case they need to cover swings such as the lag in anticipated Earned Income Taxes.

Mr. Kuhn asked Mrs. Csete what she is comfortable with allocating to roadwork. It was decided to budget $65,000 for roadwork. Following are the roadwork projects in priority order:

Mr. Kuhn said he would tell Mr. Alston that he has $65,000 to use for road improvements and to determine how and where it should be spent. Mr. Willig suggested that Bodine Road be fixed first, followed by Township Line Road. Other Board members agreed.

Other Business

There were no Other Business items discussed.


Mr. Rodgers moved to adjourn the meeting, and Mr. Kuhn seconded. The meeting was adjourned at 9:44 P.M. The next meeting will be held August 2, 2004, at 7:30 P.M. in Room 154 of the Great Valley Middle School.

Respectfully submitted,

Melanie Lammers
Recording Secretary